United States Sixth Circuit

In a prosecution of defendant for mail fraud in violation of 18 U.S.C. section 1341, district court's imposition of a 48-month sentence is vacated and remanded where: 1) the district court committed plain error by selecting defendant's sentence based on the clearly erroneous notion that she was responsible for the theft of fifteen hundred financial instruments; 2) district court's reliance upon plainly incorrect facts affected defendant's substantial rights because there is a reasonable probability that, without the incorrect reliance, she would have received a more favorable sentence; and 3) district court's error, which implicated defendant's due process right not to be sentenced on the basis of material misinformation, jeopardized the fairness, integrity, and public reputation of the judicial proceedings.

Appellate Information

• Argued 11/19/2009
• Decided 07/19/2010
• Published 07/19/2010

Judges

• BOGGS, J.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John R. Minock, Leonid Feller